When Can a Grandparent be Charged With Concealment of Minor
My question involves a child custody case from the State of: Nevada.
I recently let my 12 yr old daughter go on vacation w my mother for a month to MA. When they returned, I met them at airport took my daughter to Excalibur for 2 nights. When we came home, my daughter asked if she could go visit Nana (we live right next to each other). My daughter said she was afraid Nana was lonely. So of course I allowed her. She ended up spending the night and has not returned home since. Shes claiming she wants to live with my mother.
My mother just filed petition for guardianship. I contested it for all allegations are false. No CPS involvement, no drugs or alcohol abuse, Ive had sole custody since she was born. I didn't want to physically force her home but enough is enough. I called the police. There is a NRS that states concealment of a minor is a felony. The definition of Concealment is clear.
The police not only refused to force my mother to return my child. They never heard of this law. They claimed it was civil matter. They said to wait till court date see what judge says about guardianship. No police report was filed since no crime had been committed. WHAT CAN I DO?
Re: When Can a Grandparent be Charged With Concealment of Minor
The concealment of a minor statute, N.R.S. Sec. 200.359, only applies when the person accused of concealing the minor is a parent or other person with limited custody. It does not apply when the person who is allegedly concealing the child is neither -- although other statutes may apply.
Grandma has filed a court action. Either the court has issued a temporary custody order or it has not. If the court has issued a temporary order and grandma is not complying with the order, you may take grandma to court to seek enforcement of the order. If nobody has requested a temporary custody order, it seems that this would be a good time to do so.
Re: When Can a Grandparent be Charged With Concealment of Minor
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Mommysbunny@yahoo.com
I recently let my 12 yr old daughter go on vacation w my mother for a month to MA. When they returned, I met them at airport took my daughter to Excalibur for 2 nights. When we came home, my daughter asked if she could go visit Nana (we live right next to each other).
Are "Nana" and "my mother" the same person, or are you talking about two different grandmothers (e.g., "Nana" is the mother of your child's other parent)?
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Mommysbunny@yahoo.com
She ended up spending the night and has not returned home since.
And this was how long ago?
Is there any particular reason you didn't walk next door and tell your daughter to get her butt home?
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Mommysbunny@yahoo.com
There is a NRS that states concealment of a minor is a felony. The definition of Concealment is clear.
If you're talking about NRS 200.359, it only applies to parents of the child or persons who have "a limited right of custody to a child by operation of law or pursuant to an order, judgment or decree of any court." I assume "Nana" is not your child's other parent, and you did not mention "Nana" having any right to custody. I disagree that the definition of "conceals" is clear, but that's a moot point. What you're describing could, theoretically, be kidnapping.
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Mommysbunny@yahoo.com
The police not only refused to force my mother to return my child. They never heard of this law. They claimed it was civil matter. They said to wait till court date see what judge says about guardianship. No police report was filed since no crime had been committed. WHAT CAN I DO?
I'm sure you can do a great many things, including exactly what the police told you to do: wait until the court date to see what the judge says about the guardianship. It's baffling to me that you didn't take any action the day after your daughter spent the night when she didn't return home. Given that you waited to contact the police until "Nana" filed a guardianship petition, the refusal of the police to take any action makes perfect sense. If you haven't already consulted with a local attorney, you would be well-advised to do so.
P.S. Has your child started school or will she soon be starting? Any reason you can't pick her up after school and bring her home?
Re: When Can a Grandparent be Charged With Concealment of Minor
Though subsection 11 refers to "person" absent any references to a parent, guardian, or limiting what relationship that person might have. The other subsections appear to define limitations for when they might apply.
It appears to me that the section (200.359(11)) may well apply for any person who meets the criteria of that section and the ones referenced to it elsewhere.
(10) In addition to the exemption set forth in subsection 11, subsections 4 and 5 do not apply to a person who demonstrates a compelling excuse, to the satisfaction of the court, for relocating with a child in violation of NRS 125C.006 or 125C.0065.
(11) This section does not apply to a person who detains, conceals, removes or relocates with a child to protect the child from the imminent danger of abuse or neglect or to protect himself or herself from imminent physical harm, and reported the detention, concealment, removal or relocation to a law enforcement agency or an agency which provides child welfare services within 24 hours after detaining, concealing, removing or relocating with the child, or as soon as the circumstances allowed. As used in this subsection:
(a) “Abuse or neglect” has the meaning ascribed to it in paragraph (a) of subsection 4 of NRS 200.508.
(b) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.